Texas AI Deepfake Laws: What You Need to Know About HB 149
The Texas Responsible AI Governance Act took effect January 1, 2026, establishing new rules for artificial intelligence, including significant restrictions on deepfake content.
If you live in Houston or anywhere in Texas, there’s a new law on the books that could affect how AI technology is developed, deployed, and used in the Lone Star State. The Texas Responsible AI Governance Act, enacted through House Bill 149, is among the most comprehensive state-level AI regulations in the country.
At Roger G Jain & Associates, P.C., our Houston business lawyers can help you understand Houston’s new deepfake laws and how they may pertain to you or your business. Call us at 713-981-0600 today or fill out our confidential contact form.
Here’s what Houston residents and Texas businesses need to know.
What Is TRAIGA?
Governor Greg Abbott signed the Texas Responsible Artificial Intelligence Governance Act (commonly called TRAIGA) into law on June 22, 2025, and it took effect on January 1, 2026. The law makes Texas one of the first states (following Colorado, Utah, and California) to pass comprehensive AI-specific legislation.
TRAIGA defines an “artificial intelligence system” rather broadly as any machine-based system that infers from inputs how to generate outputs, including content, decisions, predictions, or recommendations that can influence physical or virtual environments. This wide-reaching definition captures everything from chatbots to image generators to algorithmic decision-making tools.
The Deepfake Provisions: What’s Actually Banned
The deepfake-related provisions are among the most concrete and actionable parts of TRAIGA. The law specifically prohibits developing or distributing an AI system with the intent of:
Creating or distributing child sexual abuse material (CSAM): This includes any AI-generated visual material depicting minors in sexual situations, regardless of whether real children were involved in creating the content. The law references existing Texas Penal Code Section 43.26.
Producing unlawful deepfake sexual content: AI systems cannot be developed with the sole intent of creating non-consensual intimate imagery (sometimes called “revenge porn”) that depicts real individuals in sexual situations they never actually participated in. This ties to Texas Penal Code Section 21.165.
Simulating sexual conversations with minors: The law also prohibits developing or distributing AI systems that engage in text-based conversations simulating or describing sexual conduct while impersonating a child under 18 years old.
Importantly, these provisions apply to systems developed “with the sole intent” of producing such content. This means general-purpose AI tools that could theoretically be misused but weren’t specifically designed for these purposes likely wouldn’t fall under this prohibition—though the law explicitly states it should be “broadly construed” to protect consumers.
Complementary Deepfake Laws
TRAIGA doesn’t stand alone. Texas passed several related bills during the same legislative session that strengthen deepfake protections:
Senate Bill 441, effective September 1, 2025, updated Texas Penal Code Section 21.165 to make it a crime to knowingly produce or distribute deepfake media depicting someone with computer-generated intimate parts or engaging in sexual conduct they didn’t actually perform, without consent. Creating such content is typically a Class A misdemeanor, but it can rise to a felony if the victim is a minor or in other aggravating circumstances.
House Bill 3133 addresses social media takedowns, requiring platforms to remove deepfake content upon request.
House Bill 581 restricts minors’ access to AI-generated sexual materials online.
What This Means for Houston Residents
For everyday Houstonians, TRAIGA provides new protections against AI-generated content being used to harm, harass, or exploit you. If someone creates a deepfake video or image of you without consent, there are now clearer legal pathways for accountability.
The civil cause of action created by SB 441 also allows victims of non-consensual intimate deepfakes to sue directly for damages. Website and app owners who recklessly facilitate such content or fail to remove it within 72 hours of a removal request may also be held liable.
What This Means for Businesses
If you’re running a business in Houston that develops or deploys AI systems, TRAIGA requires careful attention. The law applies to anyone operating, developing, or deploying AI systems in Texas or offering AI products and services to Texas residents.
Key compliance considerations include documenting the intended purpose of your AI systems, implementing safeguards to prevent misuse for prohibited purposes, and being prepared to respond to potential AG inquiries. The law provides safe harbors for organizations that follow recognized AI risk management frameworks, such as the NIST AI Risk Management Framework.
TRAIGA also preempts local AI regulations, meaning Houston and other Texas cities cannot enact their own AI-specific ordinances. This creates regulatory consistency across the state.
Looking Ahead with Our Houston Business Law Firm
TRAIGA represents a significant step in AI governance, but the landscape continues to evolve. The Texas Artificial Intelligence Advisory Council, established by the law, will monitor AI developments and recommend future legislative changes.
For now, Houston residents have new protections against some of the most harmful applications of AI technology, while businesses have clearer guidelines for responsible AI deployment.
If you believe you’ve been affected by AI-generated deepfake content or have concerns about AI systems operating in Texas, the Texas Attorney General’s office website will host the official complaint mechanism. Understanding your rights under these new laws is the first step toward ensuring AI technology serves rather than harms our community.
Roger G. Jain & Associates, P.C., serves businesses and individuals throughout the greater Houston area. Call us at 713-981-0600 today or fill out our confidential contact form.
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.
